No criminal charges will be filed in connection with controversial books produced by Victor Senior High School students last fall and sold online until they were removed last spring.
Ontario County District Attorney Michael Tantillo said he read every page of “Super Team Haiku” and “Super Team Self Help” and researched case law.
“I did find them to be vulgar, demeaning, sophomoric and bullying,” Tantillo said. “But, I also determined, as offensive as they are, they are protected speech under the First Amendment.”
There is a limited exception that would allow for the filing of harassment or aggravated harassment charges, but Tantillo said the content of the two books he reviewed did not meet the requirements of a threat of harm directed at someone, explicit and expressly targeted and imminent.
“That was not the case here,” Tantillo said. “Under the well-established case law in New York state and federally, it was clear the requirements for the exception were not present in this case. Therefore, I could not bring a criminal action.”